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McADOO BOR. v. COM., PA. LABOR REL. BD.

506 Pa. 422 (1984)

485 A.2d 761

McADOO BOROUGH, Appellee, v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA LABOR RELATIONS BOARD, Appellant, Teamsters Local Union No. 401, Intervenor-Appellant.

Supreme Court of Pennsylvania.

Decided December 21, 1984.

Attorney(s) appearing for the Case

James L. Crawford, Kathryn S. MacNett, Harrisburg, for appellant.

Joseph P. Semasek, McAdoo, for McAdoo Borough.

Richard M. Goldberg, Stephen A. Menn, Wilkes-Barre, for Teamster Local 401.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION

NIX, Chief Justice.

The issue in this appeal1 is whether a borough council member who belongs to the same union as the borough's public employees and has participated as representative of the borough in negotiating collective bargaining agreements between the borough and those employees is precluded from voting on the ratification of agreements pursuant to the Public Employe Relations Act ("PERA"), Act of July

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